I got doored…

I was riding home in busy traffic in Swansea in the summer. I was filtering as the two lines of traffic were stop start when a passenger in one of the cars opened his door to get out of the car. I had no time to react and hit the door, flying off my bike. I fractured both wrists and want to make a claim. The police are not helping as they say they will not prosecute the guy who got out of the car. Can I make them do so to help my claim?

Michael Jones – by e-mail

Answer

The passenger was negligent by not checking to see that it was safe to get out of the car before opening his door.  In addition to breaching the Highway Code, he also committed a criminal offence under the Road Traffic Act. From the perspective of a civil injury claim, the driver is responsible for passengers’ actions and the insurer of the vehicle will be responsible for compensating you for your injuries and financial losses.

You could try complaining to the police to see if they will change their mind and prosecute, but it doesn’t really make much difference as far as your claim for compensation is concerned. It is possible to launch a private prosecution, but that would be expensive and the CPS can take over conduct and even end it if they want to. I suggest you forget the criminal case and focus on your compensation claim.